| Author | Title | Citation | Summary | Year |
| Brigham Daniels, Elisabeth Parker, Karrigan Bork, Andrew P. Follett, Danny Dudley |
GREAT SALT LAKE AND THE FUTURE OF ENVIRONMENTAL LAW |
96 University of Colorado Law Review 745 (2025) |
Great Salt Lake teeters on the verge of collapse. As an ecosystem of hemispheric significance, its decline poses an existential threat to the American West. Many have recognized the potential disappearance of Great Salt Lake as an environmental nuclear bomb. Despite this urgency, however, existing tools of federal environmental law or... |
2025 |
| Troy J.H. Andrade |
HO'OKU'IKAHI: RECONCILING LAND DISPOSSESSION, CULTURE, HISTORY, AND LAW IN HAWAI'I |
47 University of Hawaii Law Review 335 (Spring, 2025) |
Hawai'i's story is one like many other Indigenous communities across the globe: a colonizing regime actively assisted in the dispossession of land and illegal overthrow of another internationally recognized sovereign government. This Article examines the ongoing struggle for reparative action for the injustices against Native Hawaiians, Hawai'i's... |
2025 |
| Eva Quinones |
HOSTILE VOTING ENVIRONMENTS: CONCEPTUALIZING RACE-CLASS DISPARITIES IN POLLING PLACES AS DISENFRANCHISEMENT |
27 University of Pennsylvania Journal of Constitutional Law 218 (March, 2025) |
Research in the social sciences has long indicated that racial minorities and class-disadvantaged voters wait longer to vote, receive more confusing answers from poll workers, and vote at locations with worse lighting, signage, parking, and facilities for the disabled. With voting environments as they are, people can vote, but voting will be more... |
2025 |
| Karen “Kara” Consalo |
IF NOT HERE, THEN WHERE? THE CASE FOR LAND REPARATIONS IN EATONVILLE, FLORIDA |
34 Southern California Review of Law & Social Justice 171 (Spring, 2025) |
C1-2TABLE OF CONTENTS I. HISTORY OF BLACK LAND OWNERSHIP AND LAND LOSS IN AMERICA. 172 II. EATONVILLE, FLORIDA: The Town That Freedom Built. 178 III. ASSEMBLY OF THE HUNGERFORD LANDS AND ESTABLISHMENT OF THE HUNGERFORD NORMAL AND INDUSTRIAL SCHOOL. 182 IV. FORCED SALE OF THE HUNGERFORD SCHOOL LANDS. 189 V. COMMUNITY ATTEMPTS TO REGAIN THE... |
2025 |
| Michael O'Hora, Paul Rink |
INCORPORATING INDIGENOUS STEWARDSHIP IN LAND MANAGEMENT |
39-WTR Natural Resources & Environment 37 (Winter, 2025) |
In 2017, New Zealand (known to the Mori people as Aotearoa) passed groundbreaking legislation granting legal personhood to the Whanganui River after over a century of recurring legal efforts and political pressure by the Mori. Dana Zartner, Watching Whanganui & the Lessons of Lake Erie: Effective Realization of Rights of Nature Laws, 22 Vt. J.... |
2025 |
| Sidney Paulina Williams |
INDIAN WATER RIGHTS SETTLEMENTS AND THE ANIMAS-LA PLATA PROJECT: A SELF-FULFILLING PROPHECY OF DEPENDENCY |
86 Montana Law Review 471 (Summer, 2025) |
I. Introduction. 472 II. The Ute Indians: A History of Disturbances. 473 A. Mutable Relations and Policies of Encroachment. 474 B. Reservation Boundaries: Isolation, Incorporation, and Termination. 477 C. Tribal Integration: Conditional Terms of Dependency. 479 D. Tribal Capacity and Resource Management. 481 III. The Language of the Law:... |
2025 |
| Niv Ovadia, Elisa Rivas |
INDIGENOUS CHILDREN AND ENVIRONMENTAL RACISM |
40-FALL Natural Resources & Environment 28 (Fall, 2025) |
Across the United States, Indigenous children face a hidden but devastating threat: environmental racism. Often defined as the disproportionate exposure of marginalized communities to pollution and environmental hazards, environmental racism results from policies that neglect or actively harm these populations. From undrinkable water to toxic land,... |
2025 |
| Darren Parry |
INDIGENOUS PERSPECTIVE TO CLIMATE AND ENVIRONMENT |
58 U.C. Davis Law Review 2569 (June, 2025) |
Centuries ago, the smoke of his wigwam and the fires from his council meetings rose in every village. The young listened to the songs and the tales of bygone years; they listened and learned, so that someday they might also repeat the same. The mothers took time to play with their children and taught them to love and to appreciate the simplest joys... |
2025 |
| Dante R. Gurule |
INFRASTRUCTURE, EQUITY AND CLIMATE CHANGE: THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA) |
10 One J: Oil and Gas, Natural Resources, and Energy Journal 289 (January, 2025) |
[W]e've seen in the last couple of years the damage done in Texas and other places when transmission lines carrying power were taken down by extreme and unanticipated weather, leaving millions of folks without electricity for weeks and weeks, and costing our economy billions and billions of dollars. This bill provides upgrades to our power grid so... |
2025 |
| Steven Ferrey |
INTO THE LEGAL "TWILIGHT ZONE": STATE TENTH AMENDMENT JURISDICTION DISPLACING CLIMATE SUPREMACY |
28 Lewis & Clark Law Review 715 (2025) |
The Supremacy Clause of the Constitution notwithstanding, western states have utilized their reserved Tenth Amendment Constitutional authority, upheld by federal circuit courts, arbitrarily to block their adjacent states' sustainable infrastructure to address climate change. The Biden Administration set in motion a rapid electrification of the... |
2025 |
| Tierica Coleman |
INVISIBLE LINES, LASTING HARM: THE ENVIRONMENTAL COST OF REDLINING ON BLACK COMMUNITIES |
19 Southern Journal of Policy and Justice 1 (May, 2025) |
It's time to be clear about this misconception that environmental issues are incompatible with civil rights issues. The truth is that environmental issues are civil rights issues. I. Introduction II. Historical Context of Redlining and Environmental Injustice III. Theoretical Frames for Understanding Environmental Disparities A. The Weaver... |
2025 |
| Katie Metzger |
IS STRICT SCRUTINY TOO STRICT? REMEDIATING RACIAL DISPARITIES IN ENVIRONMENTAL HAZARD EXPOSURE |
93 George Washington Law Review 189 (February, 2025) |
As environmental justice issues garner national attention, legislatures have considered ways to address unequal exposure to environmental hazards. Some have passed laws that prioritize brownfield remediation grants to minority communities with the goal of getting grant money to communities that need it most. These laws are subject to strict... |
2025 |
| Megan J. Miller |
IS THIS LAND YOUR LAND? OR IS THIS LAND MY LAND?: THE ONGOING BOUNDARY DISPUTE BETWEEN MILLE LACS COUNTY AND THE MILLE LACS BAND OF OJIBWE |
21 University of Saint Thomas Law Journal 300 (Spring, 2025) |
Woody Guthrie--one of the most influential voices in the entire American folk music tradition --wrote This Land Is Your Land that has become like an alternative national anthem. Although seen by most Americans as a patriotic anthem emphasizing that we are all equally entitled to the rights of this country, including the land we stand on,... |
2025 |
| Denise Antolini |
JUSTICE WILSON'S LEGACY OF CLIMATE CHANGE JURISPRUDENCE AND ADVOCACY |
47 University of Hawaii Law Review 517 (Spring, 2025) |
The welfare of the planet depends on the just application of climate jurisprudence. -- Justice Michael Wilson In March 2014, when then-Circuit Court Judge Michael Wilson was grilled by the Hawai'i Senate Judiciary Committee during his nomination to become an Associate Justice of the Hawai'i Supreme Court, not one question was asked about his... |
2025 |
| Sarah J. Adams |
LAND LAW LOCALISM AND THE CLIMATE RESILIENCE PARADOX |
36 Stanford Law and Policy Review 47 (July, 2025) |
This article and its companion, Federal Flood Policy & Maladaptation: A Story of Collective Forgetting, 34 S. Cal. J. Interdisciplinary L. (in print 2025), confront foundational assumptions about land use governance and community resilience, focusing on potential legal reforms that center justice, support community engagement and activism, and... |
2025 |
| Charlsey Kelly |
LAND USE ZONING: THE ANSWER TO HOUSING AFFORDABILITY? A LOOK AT AUCKLAND, NEW ZEALAND AND MINNEAPOLIS, MINNESOTA |
53 Georgia Journal of International and Comparative Law 556 (2025) |
C1-2Table of Contents I. Introduction. 557 II. Background on Land Use and Zoning. 560 III. Auckland, New Zealand. 566 A. Auckland, New Zealand Pre-Reform. 567 B. Auckland, New Zealand Post-Reform. 570 IV. Minneapolis, Minnesota. 573 A. Minneapolis, Minnesota Pre-Reform. 575 B. Minneapolis, Minnesota Post-Reform. 580 V. Recommendations. 582 VI.... |
2025 |
| Caitlin Kwalwasser |
LESSONS LEARNED FROM THE MOUNTAIN VALLEY PIPELINE: CAN NATURE'S RIGHTS OR ENVIRONMENTAL JUSTICE BE THE NEW MVPS IN PIPELINE LITIGATION? |
49 William and Mary Environmental Law and Policy Review 461 (Winter, 2025) |
Introduction. 461 I. How Did They Fight? A Brief History of Litigation Efforts Preventing the Construction of the Mountain Valley Pipeline. 463 II. Environmental Justice and Nature's Rights as Alternative Litigation Strategies. 471 A. Environmental Justice Litigation: How Activists Have Used New Strategies to Advocate for Themselves and Their Land.... |
2025 |
| Morgan O. Schaack |
LEVERAGING THE FEDERAL TRUST RESPONSIBILITY TO SAFEGUARD NET NEUTRALITY ON TRIBAL LANDS |
92 University of Chicago Law Review 1489 (September, 2025) |
The internet plays a crucial role in modern life, but equal access to it is not guaranteed. This inequality is only starker since the recent overruling of the Chevron doctrine that afforded agencies deference in their interpretation of statutes and the second Trump administration's hostility toward net neutrality--a policy that prevents internet... |
2025 |
| Diane A. Desierto , Anibal Perez-Liñan , Faisal Yamil Meneses , Yuta Inada , Rachael DeGaugh , Andrew Marciano |
LITIGATING CLIMATE VULNERABILITY: CLIMATE CHANGE REPARATIONS IN GLOBAL JURISPRUDENCE AND EMPIRICAL RESULTS FROM THE NOTRE DAME CLIMATE CHANGE REPARATIONS DATASET |
43 Berkeley Journal of International Law 319 (2025) |
The global surge in climate change litigation provokes inquiry into the nature, frequency, and scope of climate change reparations that international, regional, and national courts, as well as arbitral tribunals and other adjudicative bodies such as UN treaty body mechanisms, determine to be adequate, both on legal merits as well as intrinsic... |
2025 |
| Dr. Paul R. Williams , Greta Ramelli , Ryan Jane Westlake |
LITIGATING FOR THE PLANET: HOW INTERNATIONAL COURTS AND TRIBUNALS CONVERGE AND DIVERGE ON CLIMATE CHANGE |
53 Denver Journal of International Law and Policy 333 (Spring, 2025) |
As the global community faces mounting repercussions of climate change and a narrowing timeline to avert irreversible environmental harm, the role of international law in climate change litigation has become increasingly critical. In recent years, hundreds of climate change cases have been filed against governments and corporations before domestic... |
2025 |
| Natalia Akopian |
LOBBYING FOR OUR LIVES: A COMPREHENSIVE ANALYSIS OF THE IMPACT OF RESTRICTIVE NON-PROFIT LOBBYING RULES ON THE PROGRESSION OF CLIMATE CHANGE LEGISLATION |
28 University of the District of Columbia Law Review 101 (Spring, 2025) |
Lobbying is a powerful tool that allows interest groups to influence lawmakers and shape policy decisions. However, the ability to effectively lobby is not evenly distributed among stakeholders. Generally, private businesses face minimal restrictions on lobbying while tax-exempt organizations, particularly non-profits advocating for environmental... |
2025 |
| Isabella Neihardt |
LULUCF IS MORE THAN A MOUTHFUL: HOW THE UNITED STATES COULD IMPLEMENT THE EUROPEAN UNION'S LAND USE, LAND-USE CHANGE, AND FORESTRY POLICY TO HELP FIGHT AGAINST THE US AGRICULTURAL LOBBY AND FIGHT CLIMATE CHANGE |
50 Brooklyn Journal of International Law 330 (2025) |
Climate change is this generation's defining issue--a problem past the point of requiring critical attention and response. Since 1850, the Earth's temperature has increased by approximately two degrees Fahrenheit, with the rate of warming tripling since 1981. The effects of global warming are already felt in the United States (US) and around the... |
2025 |
| David C. Scott |
MAKING SPACE FOR SACRED LANDS: FROM THE HARSH GLARE OF LYNG TO APACHE STRONGHOLD |
21 Stanford Journal of Civil Rights & Civil Liberties 194 (August, 2025) |
Federal courts have routinely held--under the Free Exercise Clause and Religious Freedom Restoration Act (RFRA)--that government actors operating on government-owned land may desecrate, destroy, modify, or restrict access to landmarks that are sacred to Native American tribes, even if doing so would virtually destroy the tribes' ability to... |
2025 |
| Elizabeth Anne Henderson |
MAN ON MARS: HOW CAN INTERNATIONAL SPACE LAW LIMIT THE ENVIRONMENTAL CONSEQUENCES OF THE COMING RUSH FOR RESOURCES IN SPACE? |
46 Michigan Journal of International Law 463 (2025) |
The body of international law governing space has stood at a standstill for decades. The five central treaties regulating this area of law are not only vague, but they have also become a hindrance to the global community's ability to address the rapidly intensifying second space race. The treaties do not adequately state who space belongs to, who... |
2025 |
| Michaela Morris |
MANATEES IN HOT WATER: HOW THE FLORIDA MANATEE BECAME DEPENDENT ON POWER PLANT WARM WATER OUTFALLS |
31 Buffalo Environmental Law Journal 63 (2023-2025) |
Each winter in Florida, thousands of manatees gather in the warm water outflows of power plants. These refuges play a crucial role for the Florida manatee: when ocean temperatures drop, manatees shelter at these artificial sources to survive. But in recent years, thousands of manatees wintering at the Florida Power & Light Company's Cape Canaveral... |
2025 |
| Gregory S. McNeal , Charlotte Runzel Lemos |
NAVIGATING LEGAL UNCERTAINTY: SEC ENVIRONMENTAL DISCLOSURES IN THE MARITIME INDUSTRY AND BEYOND |
99 Tulane Law Review 1027 (May, 2025) |
The Securities and Exchange Commission (SEC) has taken on an increasingly proactive role in enforcing environmental, social, and governance (ESG) regulations, focusing on mandating climate-related disclosures. This Article explores the implications of the SEC's evolving regulatory landscape using the maritime industry as a case study in the... |
2025 |
| Rajpreet K. Grewal , Melissa K. Scanlan |
NAVIGATING ROUGH WATERS AFTER SACKETT v. EPA: FEDERAL, TRIBAL, AND STATE STRATEGIES |
50 Columbia Journal of Environmental Law 61 (2025) |
The Clean Water Act is the primary federal law regulating impacts to water resources and water quality in the United States. Congress asserted the focus of the Act in the first section: to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. Federal jurisdiction to implement this focus for many of the Act's... |
2025 |
| Rebecca Bratspies |
NEW YORK CITY AS A LABORATORY OF ENVIRONMENTAL INNOVATION |
34-SUM Kansas Journal of Law & Public Policy 285 (Summer, 2025) |
The world is increasingly urban. By 2050, the United Nations projects that more than two-thirds of global population will live in cities. Urbanization is even more pronounced in the United States, where eighty percent of people live in urban areas, defined broadly. People move to these cities for a variety of reasons--urban settings provide... |
2025 |
| Katrina Fischer Kuh , Nicholas A. Robinson , Scott Fein |
NEW YORK'S CONSTITUTIONAL GUARANTEE OF ENVIRONMENTAL RIGHTS |
27 NYU Journal of Legislation and Public Policy 361 (2024-2025) |
New York is embarking on the interpretation and implementation of potentially transformative constitutional reform, the addition of Article I, § 19 to New York's Bill of Rights, which provides that Each person shall have the right to clean air and water, and a healthful environment. To ensure the fulsome and effective implementation of Article I,... |
2025 |
| Jordyn Ignont |
NO BREATHING ROOM: EQUITY GAPS IN FEDERAL ENVIRONMENTAL COMPLIANCE AND PATHWAYS FOR REFORM |
19 Southern Journal of Policy and Justice 26 (May, 2025) |
C1-2Contents Contents. 26 Introduction. 28 Background. 30 I. Understanding Environmental Racism. 31 II. How Housing Policy Built Environmental Injustice. 32 III. Still Breathing Injustice: The Modern Toll of Historic Segregation. 36 Analysis. 37 I. How Black Communities Become Sacrifice Zones. 37 A. Mott Haven Neighborhood--Bronx, NY. 37 B. West... |
2025 |
| Julia Rhine |
OLD GILLS BREATHE NEW LIFE: A RECENT FISH PROTECTION CASE CONSTITUTIONALIZED NORTH CAROLINA CITIZENS' ENVIRONMENTAL RIGHTS |
5 North Carolina Civil Rights Law Review 227 (Spring, 2025) |
Introduction. 227 I. How the Tide Rolled In: Legal History. 228 II. About Coastal. 231 III. Changing the Tides: Coastal Implications. 234 IV. Potential for a Tsunami: Why this Change Could Be Monumental. 237 V. Where Should Litigators Cast Their Nets Next?. 243 Conclusion. 244 |
2025 |
| Hannah E. Grayem |
OVERBURDENED AND UNLIKELY TO CHANGE: THE IMMEDIATE IMPORTANCE OF EFFICACIOUS ENVIRONMENTAL JUSTICE INITIATIVES |
53 Urban Lawyer 349 (Spring, 2025) |
For decades, the most vulnerable communities in the United States have carried the burden of new highways, hazardous waste sites, industrial warehouses, oil refineries, chemical manufacturers, and landfills. Although mentions of environmental justice have made their way into countless government policies over the last several years, the holistic... |
2025 |
| Ernesto Bustinza |
PANAMA'S LEGAL OBLIGATION TO RELOCATE THE GUNA PEOPLE: INTERNATIONAL LAW AND CLIMATE CHANGE IN GARDI SUGDUB |
31 Southwestern Journal of International Law 511 (2025) |
The accelerating impacts of climate change are displacing vulnerable communities worldwide, raising urgent questions of state responsibility and human rights. This note examines Panama's legal obligation to implement a planned relocation of the Guna people from the island of Gardi Sugdub, which faces imminent uninhabitability due to rising sea... |
2025 |
| Sarah M. Hofgesang |
PEDAGOGY OF THE POLLUTED: ENVIRONMENTAL JUSTICE FOR SCHOOL COMMUNITIES |
36 Villanova Environmental Law Journal 79 (2025) |
For most educators, the term school environment evokes the sociocultural atmosphere of a school. This term's use has become more widespread among the broader community because America's school buildings directly compromise students' health and safety. Aging building infrastructure, pre-existing and newly deposited pollutants, and climate change... |
2025 |
| Michael A. Powell, David Switzer, Manuel P. Teodoro, O. Therese Teodoro |
PFAS AND THE FUTURE OF ENVIRONMENTAL JUSTICE REGULATION |
40-FALL Natural Resources & Environment 22 (Fall, 2025) |
Popularly described as forever chemicals for their stability in the environment, per- and polyfluoroalkyl substances (PFAS) are a group of synthetic chemicals that were first developed in the 1940s. They are used in construction materials, lubricants, adhesives, cleaners, packaging, electronics, cosmetics, and more. Conventional firefighting foam... |
2025 |
| Monte Mills, Martin Nie |
PLANNING A NEW PARADIGM: TRIBAL CO-STEWARDSHIP AND FEDERAL PUBLIC LANDS PLANNING |
36 Colorado Environmental Law Journal 279 (Spring, 2025) |
Planning is a critical part of the federal government's management of the nation's public lands. Over the last half-century, Congress has mandated that each of the four major public land management agencies; the U.S. Forest Service, the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service, develop and rely on... |
2025 |
| Henry Alsobrook |
PLANTING TREES WHOSE SHADE WE SHALL NEVER SIT IN: COMPARING FUTURE GENERATIONS' RIGHT TO A HEALTHY ENVIRONMENT IN PENNSYLVANIA AND THE INTER-AMERICAN SYSTEM |
38 Tulane Environmental Law Journal 65 (Winter, 2025) |
I. Introduction. 66 II. Pennsylvania's Public Trust. 67 A. Legislative Intentions of the ERA. 67 B. Judicial Degradation of the ERA. 70 C. PEDF's Intergenerational Determination. 73 III. The Inter-American System's Right to a Healthy Environment. 75 A. A History of Future Generations. 75 B. Slow Growth in the Courts. 77 C. Lhaka Honhat Makes Good... |
2025 |
| Ambria N. Smith , Samantha Phillips Beers , John C. Dernbach , Emma H. Bast , Margaret O. Murphy , Moderator, Presenters |
PRESENTATIONS: PENNSYLVANIA'S ENVIRONMENTAL RIGHTS AMENDMENT AND ENVIRONMENTAL JUSTICE |
36 Villanova Environmental Law Journal 261 (2025) |
Ambria N. Smith, Villanova University Charles Widger School of Law: Thank you to my colleague and friend, Madison Lesgart, as well as the panelists who have spoken this morning. It was an enlightening and enriching conversation. My name is Ambria Smith, and I will be the moderator for the second half of this morning's conversation. We are going to... |
2025 |
| Ezra Rosser |
PROGRESS AND THE TAKING OF INDIGENOUS LAND |
85 Ohio State Law Journal 623 (2025) |
The taking of Indigenous land to further other societal goals is so ubiquitous and fundamental to the American project that sometimes acts of dispossession are not even recognized as such. This Article argues that the generally accepted understanding of Hawaii Housing Authority v. Midkiff, a key case in the American takings law canon, overlooks... |
2025 |
| Jessie Big Knife |
PROTECTING MOTHER EARTH |
39-WTR Natural Resources & Environment 28 (Winter, 2025) |
My name is Jessie Big Knife; I am a member of the Chippewa Cree Tribe. I begin my story as many in my Tribe begin their stories--with an expression of gratitude. I am grateful to my grandparents and tribal elders for passing their stories to me; to each of you for reading this story; to the ABA Section of Environment, Energy, and Resources for... |
2025 |
| Maggie Baker |
PROTECTING THE HUMAN ENVIRONMENT: USING NEPA TO CHALLENGE IMMIGRATION DETENTION |
55 Environmental Law 371 (Spring, 2025) |
Historically, the concerns of environmentalism and the concerns of human rights advocates in the immigration sphere have conflicted significantly. Environmentalism has bolstered and promoted harmful overpopulation theories which demonize immigrants and incorrectly blame them for environmental degradation. Environmental interests have, in this... |
2025 |
| Michelle Diffenderfer, Christopher Johns |
PROTECTING TRIBAL INTERESTS IN WATER |
39-WTR Natural Resources & Environment 18 (Winter, 2025) |
On May 2, 2024, the U.S. Environmental Protection Agency (EPA) published its final rule titled Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights. 89 Fed. Reg. 35,717 (May 2, 2024) (Final Rule). The Final Rule aims to provide a regulatory framework for states and tribes to use when establishing or revising water quality... |
2025 |
| Jessica Faucher |
PROTECTION OR INDIFFERENCE: WHY THE ARIZONA v. NAVAJO NATION DECISION DOESN'T HOLD WATER |
54 Stetson Law Review 501 (Spring, 2025) |
In Arizona v. Navajo Nation, a 5-4 majority of the Supreme Court held under the Navajo Nation's 1868 Treaty with the United States that the United States has no affirmative duty to secure water for the Tribe. In doing so, the majority inflated the Navajo's request for relief, analyzed the Tribe's claim under the wrong legal framework, and reached... |
2025 |
| Temple Stoellinger , Sam Johnson , Bryan Leonard , Eric C. Atkinson |
PUBLIC PLAYGROUNDS OR PRIVATE TRUSTS? THE FUTURE OF RECREATION ON STATE TRUST LANDS |
55 Environmental Law Reporter (ELI) 10294 (May/June, 2025) |
State trust lands, covering more than 40 million acres across the West, were granted to states with the primary purpose of generating revenue for public schools and other designated beneficiaries. These lands were historically managed for extractive uses such as grazing, timber harvesting, and mineral development. This Article examines how... |
2025 |
| Erin Ryan |
PUBLIC TRUST PRINCIPLES AND ENVIRONMENTAL RIGHTS: THE HIDDEN DUALITY OF CLIMATE ADVOCACY AND THE ATMOSPHERIC TRUST |
49 Harvard Environmental Law Review 225 (2025) |
This article explores the confluence of two seemingly contrasting models of climate advocacy that are, in fact, one--claims for climate regulation based on (1) governmental public trust obligations to protect the atmosphere, and (2) environmental rights held directly by members of the public. The analysis explores how climate litigants are... |
2025 |
| Prof. Dr. Diane A. Desierto , Jean Marc Brissau , Laura Allaben , Pavithra Rajendran , Nourhan Fahmy , Oluwaseun Ojo , Nicolas Buitrago Rey , Faisal Yamil Meneses |
REALIZING RIGHTS TO DEVELOPMENT AND HEALTHY, SAFE, SUSTAINABLE ENVIRONMENT IN GLOBAL AND LOCAL CLIMATE ACTIONS AFFECTING SMALL ISLAND DEVELOPING STATES |
23 Santa Clara Journal of International Law 1 (2025) |
This paper presents new empirical research on two fronts: 1) the individual and collective normative and international legal commitments voluntarily assumed by States in the international system to assist in responding to small island developing States' (SIDS) deeply intertwined ecological vulnerabilities resulting from climate change alongside... |
2025 |
| Sean M. Kammer |
REFLECTIONS ON THE IMPORTANCE OF CRITICAL THEORY TO TEACHING ENVIRONMENTAL LAW |
70 South Dakota Law Review 40 (2025) |
The freedom of students to learn about critical approaches to understanding their world is under sustained political attack. In this time of increasing environmental peril and political dysfunction, Professor Sean M. Kammer reflects upon the importance of critical theory (including Critical Race Theory) to understanding--and ultimately... |
2025 |
| Shelley Ross Saxer |
RESPONSE TO PROGRESS AND THE TAKING OF INDIGENOUS LAND BY EZRA ROSSER THE TRUTH ABOUT MIDKIFF JUSTIFIES KELO'S REVERSAL |
86 Ohio State Law Journal Online 167 (2025) |
I. Introduction. 1 II. The Midkiff Briefs. 3 III. Dispossession of Indigenous Peoples. 6 IV. Eminent Domain as a Discrimination Tool. 7 V. The Inevitability of Kelo and the Dissent's Duplicity. 9 VI. Applying Intermediate Scrutiny in Midkiff?. 10 VII. Conclusion. 122 |
2025 |
| Journey Alexia Hikialani Matos |
RETURNING HAWAIIAN LAND TO HAWAIIAN HANDS |
22 Pittsburgh Tax Review 261 (Spring, 2025) |
Native Hawaiians, or Knaka Maoli, have faced numerous obstacles in recent years to maintaining their cultural tradition of keeping a close physical and spiritual relationship with their ancestral land in Hawaii. Before the arrival of missionaries, Hawaiians had for centuries practiced a polytheistic religion that had roots in the environment... |
2025 |
| Nagalakshmi Tripuraneni , Benarji Chakka |
ROLE OF INDIA IN COMBATING TRANSNATIONAL ENVIRONMENTAL CRIMES |
53 International Journal of Legal Information 14 (Spring, 2025) |
Transnational environmental crimes threaten serious harm to ecosystems, biodiversity, and human health and have attracted international attention in recent years. India, being a country with a high degree of biodiversity and a unique geographical position, holds strategic importance in curbing illegal wildlife trade, logging, marine degradation,... |
2025 |